Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Honduras (Ratification: 1995)

Other comments on C169

Observation

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The Committee notes the observations of the Honduran National Business Council (COHEP), supported by the International Organisation of Employers (IOE), received on 1 September 2018, and the Government’s reply, received on 18 October 2018. The Committee also notes the observations of the COHEP received on 2 September 2019 and the Government’s reply, received on 9 October 2019. Lastly, the Committee notes the observations of the IOE, received on 2 September 2019, include general comments of the application of the Convention.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 105th Session, May–June 2016)

Article 3 of the Convention. Human rights. In its previous comments, the Committee noted with deep concern, as did the Conference Committee in its conclusions of 2016, the information regarding murders, threats and violence against representatives and defenders of the rights of indigenous peoples, as well as the climate of impunity. The Government was firmly urged to take the necessary measures to provide adequate protections for members of indigenous communities and their representatives against any acts of violence or threats, to investigate the reported murders and acts of violence and provide information in that respect.

In its report, the Government refers in general terms to the security and protection measures taken by the governing body of the national protection system in relation to several indigenous and rural communities, including police measures and measures for the installation of infrastructure and technology for human rights defenders in their own communities. The Government also refers to the adoption of preventive measures in the form of training for local authorities and awareness-raising activities on the importance of the work of defenders of indigenous peoples. In this respect, the Committee notes that, among the special prosecutors, in 2018, the Office of the Special Prosecutor for the Protection of Human Rights Defenders, Journalists, Media Representatives and Justice Officials was established.

The Committee notes with regret that the Government has not provided more detailed information on the specific measures adopted in relation to the investigations conducted and the legal proceedings in process concerning the acts of violence, including murder, against representatives and defenders of indigenous peoples. In this respect, the Committee notes in relation to the murder of Ms Berta Cáceres (former president of the Civic Council of Popular and Indigenous Organizations of Honduras (COPINH)), to which it referred in its previous observation, that, according to information from the judicial authorities and the Public Prosecutor’s Office, on 29 November 2018, the First Chamber of the Trial Court with national jurisdiction found guilty seven citizens as co-perpetrators of the murder. The Committee also notes that, in December 2019, the Special Prosecutor for Crimes against Life requested that a case be opened against a citizen accused of instigating the murder of Ms Berta Cáceres.

The Committee notes that, in his 2019 report, the Special Rapporteur on the situation of human rights defenders in Honduras recognizes persons defending the rights of indigenous peoples as one of the specific groups of human rights defenders who are at risk. The Rapporteur notes that the threats made against indigenous peoples are essentially linked to their efforts to defend their land and natural resources, fight racism and discrimination and claim their economic, social and cultural rights and their right to access to justice. He indicates that indigenous activists of the Lenca, Maya, Tolupán, Garifuna, Nahua, Pech Tawahka and Misquito peoples frequently face death, prosecution, stigmatization, judicial harassment and discrimination for fighting for the rights of their peoples and observes that, “The vast majority of murders and attacks targeting rights defenders go unpunished; if investigations are launched at all, they are inconclusive.” (A/HRC/40/60/Add.2).

The Committee urges the Government to take the necessary measures to foster a climate free from violence in which the physical safety of members of indigenous communities and their representatives is sufficiently protected, and the full and effective exercise of their human and collective rights is guaranteed, as well as their access to justice. While noting the progress made in the identification, prosecution and conviction of the perpetrators of the murder of Ms Berta Cáceres, the Committee urges the Government to take the appropriate measures to ensure that the instigators are held accountable and penalized. The Committee requests the Government to provide detailed information on the other complaints made of acts of violence and threats against indigenous peoples and Afro-Hondurans and their representatives in the context of claiming their economic, social and cultural rights; as well as the investigations and proceedings initiated.

Articles 6 and 7. Appropriate consultation and participation procedures. The Committee recalls that, along with the Conference Committee, it urged the Government to take the necessary steps to establish appropriate consultation and participation procedures in accordance with the Convention and ensure that peoples covered by the Convention are consulted and are able to participate in an appropriate manner in the formulation of such procedures. The Committee noted that, between May and October 2016, workshops were held with the nine indigenous and Afro-Honduran peoples for dialogue on a preliminary draft Bill on prior, free and informed consultation with indigenous peoples and that the process was marked by the absence of representative organizations, such as the Fraternal Afro-Honduran Organization (OFRANEH) and the COPINH.

The Government indicates that, following the consultation process on the draft Bill, a national workshop was organized with the participation of the organizations of the populations concerned, which submitted a draft with the contributions of eight of the nine indigenous and Afro-Honduran peoples (the Lenca peoples withdrew from the process). The OFRANEH and the COPINH also did not participate in the dialogue. The Government indicates that, since that time, it has remained open to any organization that wishes to express its opinion on the revised draft Bill on consultation and adds that, on 14 July 2018, it also held a meeting with the Confederation of Indigenous Peoples of Honduras (CONPAH), which brings together all the indigenous and Afro-Honduran peoples. At that meeting, it was reported that the Government had referred the draft Bill to the National Congress, which subsequently established a Special Advisory Committee on the Consultation Act. The Government also reports that it has benefited from the technical comments of the International Labour Office.

The Committee notes that, in its observations, the COHEP reiterates its support for the adoption of an Act on prior, free and informed consultation, developed in accordance with the Convention and following dialogue with all the social partners. It also indicates that the dialogue and consultation processes with the indigenous communities to inform them of bills or legislative or administrative measures likely to directly affect indigenous and Afro-Honduran peoples are conducted in open forums.

The Committee encourages the Government to continue taking the necessary measures with a view to the establishment of appropriate procedures for consultation with peoples covered by the Convention on any legislative or administrative measures likely to affect them, in accordance with the Convention. In this respect, the Committee considers it of the utmost importance that the Act adopted is the result of a process of full, free and informed consent with all the indigenous and Afro-Honduran peoples and therefore urges the Government to take the necessary measures to ensure that indigenous peoples are consulted and are able to participate in an appropriate manner through their representative bodies in the formulation of these procedures, so that they can express their opinions and influence the final outcome of the process. Until the adoption of the Act, the Committee once again requests the Government to provide detailed information on the consultation processes held in relation to measures that directly affect indigenous peoples.

Articles 20, 24, and 25. Protection of the rights of the Misquito people. In its previous comments, the Committee requested the Government to continue providing information on the impact of the measures adopted to improve the protection and conditions of work of Misquito dive-fishers and on the possibility of regulating dive-fishing. The Government indicates that is has been developing comprehensive compensation actions that go beyond the individual compensation of those affected by dive-fishing and aim to benefit the entire Misquito community. These compensation procedures are developed in collaboration with the victims (divers with disabilities) and the representative organizations of the Honduran Misquito population so as to guide the State in the implementation of projects that genuinely meet their needs. In relation to measures adopted in the field of health, the Government refers to: a cooperation agreement to provide comprehensive health services to the population engaged in dive-fishing activities with priority given to divers suffering from decompression sickness; a project to establish a centre for hyperbaric and diving medicine to provide preventive, therapeutic and rehabilitative medical care to divers with sequelae; and the commissioning of a water ambulance. The Government also indicates that: 33 scholarships for primary, secondary and university education have been granted to the children of divers with disabilities or deceased divers; a project for the construction of social housing is being carried out in various municipalities of the Gracias a Dios department; a fund has been established for the execution of different productive projects, in consultation with the Misquito population; and inspections were carried out on dive-fishing boats and at various small islands.

The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination, in its concluding observations of 2019, expressed concern regarding the situation of Misquito divers, who continue to be the victims of precarious working conditions, without adequate occupational safety measures, and the increase in the number of divers who are victims of accidents due to underwater fishing (CERD/C/HND/CO/6-8). The Committee also notes that, during its visit to the Mosquitia region, the Inter-American Commission on Human Rights (IACHR) observed concerning scenes of poverty, unemployment, a lack of health and energy services and a dearth of water sources and sanitation.

The Committee welcomes the comprehensive approach adopted by the Government in relation to the situation of Misquito divers, which seeks to grant comprehensive compensation to the victims of dive-fishing and improve the living and working conditions of the members of the Misquito community. The Committee encourages the Government to continue taking special measures in this respect, indicating the results achieved and the challenges that remain in improving the working conditions of Misquito divers, the inspection of those conditions and the living conditions of the Misquito population. Please indicate the manner in which the members of the Misquito population participate in the formulation, application and evaluation of such measures.

The Committee is raising other matters in a request addressed directly to the Government.